Yes, a Muslim Pakistani man can enter into another marriage provided he acquires permission in writing of the Arbitration Council, under Muslim Family Law Ordinance, without such permission marriage will not be registered.Under Islamic law and the legal framework in Pakistan, Muslim men are allowed to contract multiple marriages, subject to certain conditions and restrictions. Polygamy, the practice of having multiple wives, is permissible for Muslim men in Pakistan.
According to Islamic law, a Muslim man can enter into multiple marriages, up to a maximum of four wives, under specific conditions:
- Equal treatment: The man is required to treat all of his wives equitably and fairly, both emotionally and financially. Though complete equality is challenging to achieve, the husband must strive to maintain fairness and avoid any unjust treatment.
- Consent: The man must obtain the consent of his existing wife or wives before contracting another marriage. This consent is typically required to ensure that the existing wife or wives are aware of and agree to the addition of another wife to the family.
- Financial ability: The husband must demonstrate that he has the financial means and capacity to support and provide for multiple wives and their children without neglecting his responsibilities.
It’s important to note that while polygamy is legally permissible in Pakistan, it is not mandatory or encouraged. Many Muslim men choose to have only one wife based on personal, cultural, or practical considerations.
If a Muslim man wishes to contract a subsequent marriage, it is advisable to consult with a local Islamic scholar or religious authority who can provide guidance on the specific religious requirements and considerations. It’s also important to understand and comply with any legal requirements or registration procedures that may be necessary under the relevant laws in Pakistan.
Recent cases from various Pakistani courts highlight the legal stipulations, interpretations, and implications surrounding the topic of second marriages in Pakistan. Here is a comprehensive understanding based on the provided cases:
- Jurisdiction of Family Courts: As per the 2023 PCrLJ 265, it’s clarified that only the Family Court has the jurisdiction to decide matters pertaining to the terms and conditions of Nikahnama, particularly the authenticity of the permission letter to contract a second marriage.
- Rights of the Husband and Talaq: The 2022 CLC 729 case delineates that a husband has an absolute right to divorce his wife from his free will, as granted by the Holy Qur’an. Any condition placed in the Nikahnama, especially awarding damages due to alleged unjustified divorce, is contrary to Islamic principles.
- Penalties for Second Marriage without Permission: The 2021 PLD 768 case underscores the legislative amendments made regarding penalties for contracting a second marriage without the permission of the first wife. The fine imposed has been explicitly set at Rs. 5,00,000, removing any judicial discretion in its quantum.
- Legislative Intent behind the Muslim Family Laws Ordinance, 1961: The 2021 CLC 1947 case highlights the three primary objectives: recording details of marriages, seeking permission for subsequent marriages, and ensuring an attempt at reconciliation before finalizing a divorce.
- Dower Payment upon Second Marriage: The 2020 PLD 613 decision by the Supreme Court reiterates that if a man enters into a second marriage without the prior permission of his existing wife or the Arbitration Council, the entire dower amount becomes payable immediately, regardless of whether it was classified as prompt or deferred.
- Polygamy and Social Implications: Another segment of the 2020 PLD 613 case emphasizes that the provisions related to seeking permission for a second marriage are designed to regulate the societal structure. Deviating from these provisions could lead to complications that disrupt societal relationships.
- Jurisdiction Issues: The 2019 PLD 180 case from Peshawar High Court resolves a jurisdictional issue, clarifying that both the location of the second Nikah and the residence of the first wife can be valid jurisdictions for trial regarding second marriages without permission.
- Obligations of the Husband: The 2018 CLC 887 case accentuates the husband’s moral and legal obligation to pay dower and maintain the children. Additionally, upon contracting a second marriage without the required permissions, he is bound to pay the entire dower amount.
- Polygamy and Legal Permissions: The 2018 YLR 2548 case emphasizes that only the Union Council is competent to file a complaint regarding bigamy/polygamy, and individuals do not have locus standi in such matters.
- Consequences of Bypassing the Legal Process: The 2017 PLD 187 cases from the Supreme Court, stress the importance of adhering to the legal procedures outlined for contracting a second marriage. Failing to do so will result in penalties, and as demonstrated, the husband must face the consequences of such disregard.
In essence, these cases collectively convey that while second marriages are permissible under Islamic law, the legal framework in Pakistan necessitates certain procedures to ensure the rights of the first wife and maintain societal harmony. The consistent theme across these cases is the emphasis on adherence to the rules set by the Muslim Family Laws Ordinance, 1961, and the consequences of not doing so.
In Pakistan, for a wife to take successful action against a husband contracting another marriage without the requisite legal permissions, one must follow a systematic procedure grounded in the provisions of the Muslim Family Laws Ordinance, 1961. Here’s a step-by-step guide:
- Understand the Legal Framework: The primary legislation governing this issue is the Muslim Family Laws Ordinance, 1961. Specifically, Section 6 mandates that a husband must obtain written permission from his current wife or wives and the Arbitration Council before contracting another marriage.
- Obtain Evidence: Before initiating any action, gather evidence of the second marriage. This can be in the form of a Nikahnama (marriage certificate), photographs, video evidence, witness testimonies, or any other credible proof indicating that the husband has indeed contracted a second marriage.
- File a Complaint with the Arbitration Council: The first legal step is to file a complaint with the local Arbitration Council. They are responsible for mediating and attempting reconciliation between parties in marital disputes. If the husband has contracted a second marriage without permission, the council will investigate the matter.
- Initiate Legal Proceedings: If the Arbitration Council’s mediation doesn’t yield a satisfactory resolution, you can then initiate legal proceedings. File a complaint in the Family Court or relevant Judicial Magistrate’s Court, detailing the husband’s violation of the law.
- Engage Legal Counsel: It’s imperative to engage a competent lawyer well-versed in family laws in Pakistan. They can guide you through the legal nuances, prepare your case, and represent you effectively in court.
- Recovery of Dower: As seen from the cases you provided earlier, if a husband contracts a second marriage without the required permissions, he becomes liable to pay the entire dower amount to the first wife, whether it’s classified as prompt or deferred.
- Penalties for the Husband: If the court finds the husband guilty of contracting a second marriage without the required permissions, he may face penalties, including imprisonment and/or a fine, as stipulated in Section 6(5) of the Muslim Family Laws Ordinance, 1961.
- Awareness of Jurisdiction: As highlighted in the case from Peshawar High Court (2019 PLD 180), both the location of the second Nikah and the residence of the first wife can be valid jurisdictions for trial.
- Consider Additional Remedies: Depending on the specifics of the situation, the aggrieved wife might also consider filing for maintenance, custody of children, or even dissolution of marriage if she feels it’s in her best interest.
- Public Awareness and Social Support: While legal actions are essential, it’s also beneficial to raise awareness about the implications of contracting a second marriage without permission. Mobilizing social support can act as a deterrent for potential violators and also provide emotional and logistical support to the aggrieved party.
Some Useful Links on Family Law are below :
Can a wife Divorce her husband in Pakistan? (Column 18 Nikahnama)
A Primer on Child Custody, Interim Custody , Visitation and Guardianship as per Pakistani law
